78017 - Public Security Law

Learning outcomes

Public security law aims to provide the student with a deep knowledge of the judicial system of security, which comprises legal norms (organizational and functional) that regulate the activities of Public Administrations involved in the management of public security, their gathering of information, prevention and repression of criminal phenomena and the guarantee of public order, in the necessary balance of constitutional rights.

In this context, it will be given special attention to the organization of public security administration in the territory and its coordinating procedures among the different levels of government (national and local), as well as to the organization of the Police forces and the related responsibilities towards collectivity and individuals.

Careful analysis will be devoted to the Information system for the security of the Republic, which aims to guarantee national security against threats that could damage supreme constitutional interests, with a specific reference to the organization and the activities of the National Institutions involved (Prime Minister, information Agencies), as well as the discipline of classification of information and the state secret.

The public security law course offers a fundamental tool, which provides useful notions for the study and in-depth analysis of other legal disciplines (with specific reference to the state-related ones), and also for professional development in the area of management of public and national security.

Course contents

1. The different dimensions of public security and its evolution. Public and national security. - 2. Security within the 1948 Constitution: guarantee and limit of fundamental rights. - 3. The imperatives of security and the division of powers, including the form of state and form of government. - 4. National administration of public security: Minister of Internal affairs and Police Force. - 5. The administration of public security on a local level and relationship between Prefect and Police Commissioner. - 6. The Mayor's competence on “urban security” and the Mayor's local orders. - 7. Coordination among the different levels of government and the “security agreements”. Integrated security and the organization of sports events. - 8. National security and security of the Republic. Information system and the discipline of state secret. - 9. The new classification system: secret information and confidential information. The powers of the judicial authority. - 10. Activities of the intelligence services and the rule of law: the "functional guarantees" and the system of controls. Anti-terrorism measures. - 11. Balance between security and fundamental rights: the central role of Constitutional Court. Public order case law. The “Abu Omar” case and the so-called illegal secret.

Readings/Bibliography

Textbooks

The exam is based on the following texts:

1) T.F. Giupponi, La sicurezza e le sue dimensioni costituzionali, in S. Vida (ed.), "Diritti umani. Trasformazioni e reazioni", Bologna, Bononia University Press, 2008, pp. 275-301;

2) N. Gallo, T.F. Giupponi (ed.), L'ordinamento della sicurezza. Soggetti e funzioni, Milano, Franco Angeli, 2014, pp. 36-158;

3) T.F. Giupponi (ed.), L'amministrazione di pubblica sicurezza e le sue responsabilità. Tra dettato normativo e prassi, Bologna, Bononia University Press, 2017, pp. 35-77;

4) T.F. Giupponi, Segreto di Stato (diritto costituzionale), in U. Breccia, E. Cheli, R. Costi, P. Grossi, G. Morbidelli, R. Orlandi, F.C. Palazzo, M. Rusciano, M. Taruffo, U. Villani (ed.), "Annali dell'Enciclopedia del diritto", vol. X, Milano, Giuffrè, 2017, pp. 856-881.

Case Law

Decisions of Corte costituzionale may be found on the official website of the Corte costituzionale (www.cortecostituzionale.it) and on the website Consulta on-line (www.giurcost.it).

Legislation

Legislation may be consulted at the webpage www.normattiva.it. To better prepare for the exam, students may consult a public law code.

For example:

1) P.L. Iascone (ed.), Codice di pubblica sicurezza e leggi per le Forze dell'ordine, La Tribuna, Piacenza, 2016;
2) C. Barbera, M.L. Barbera, G. De Carlo, L. De Carlo (ed.), Testo Unico di Pubblica Sicurezza, Rimini, Maggioli, 2016;
3) A. Iannuzzi (ed.), Codice della pubblica sicurezza, Dike, Roma, 2016. 

Teaching methods

Class Timetable

Classes will take place during the first semester, according to the schedule that will be published subsequently.
Students will show their attendance to classes by signing a list.

Assessment methods

Final Exam

The students learning will be verified through a final exam, testing the formative outcomes of the course.

Final exam consists of a general oral exam, led by the professor and his assistants.

The final grade will consider the results of each part of the exam.

The assessment will take into account the general knowledge of the main topics of the course, as well as the ability to analyze case law and its theorical implications, the critical approach and and argumentative clarity.

Final Thesis

The thesis topic is given after a talk with the Professor, who will mark the topic and the student name in the Thesis Book. The time and date for the assignment of the thesis will be established by the Professors at the beginning of the course. The editing modalities will be fixed in accordance with the Professors. The final thesis will be delivered to the Professor one month before the delivery to the administration office.

For editing the thesis students may read the following thesis guide:

T.F. Giupponi, A. Morrone, D. Tega, La tesi di laurea in scienze giuridiche, Libreria Bonomo Editrice, Bologna, 2002.

Note for Socrates/Erasmus students

Incoming students - Socrates/Erasmus students are required to study all the textbooks.

The students learning will be verified through a final exam, testing the formative outcomes of the course

Teaching tools

During the course the Professor will set a seminars schedule to elaborate on the main course topics. Moreover, a learning support will be set at the very beginning of the course.

Office hours

See the website of Tomaso Francesco Giupponi